My childrens father has been sentenced 3 years for child support. One of them he says is not his and the mother never showed up to court for the paternity test, but he still got a year for it. The other two are his and he got a year for each one of them. The sentences are to run consecutively. He wants to go back to court to get the sentences ran concurrently. What can be done?
2006-12-30 14:55:28 · 5 answers · asked by toya_neal 1 in Politics & Government ➔ Law & Ethics
His sentences are not running together right now. They are running one behind the other. As in he would have to serve one sentence then serve another and so on. I have not taken child support out on him. His other children mother's have.
2006-12-30 15:55:00 · update #1
Her question's not one about is child support right or not... in fact when two people decide to have a child they make a personal, physical and financial commitment to that child. Each parent is responsible for all aspects of that child until he/s is 18yo.
You need to demand a paternity test for the one child. If that means going through the courts and demanding it, then so be it. Also, an attorney would be able to let you know if you're able to get the payments lumped into all one year, or if they'll be paid out over the course of several.
I know it's not the most ideal situation you're in, but I wish you all the best in getting it straightened out.
2006-12-30 15:20:58 · answer #1 · answered by shells_9973 2 · 0⤊ 0⤋
I might be reading your question wrong so if this is the case, please disregard. But I thought that you were asking what HE can do to get his sentences to run at the same time as opposed to being run one right after the other? is this correct?
If so, I really dont think he should go to court and make this request himself.
I would think that the judge would lock him up on the spot for failing to pay (contempt).
His best bet would be (IMO) to start making payments before he tried to get a modification.
The whole idea behind the sentencing is to get someone to comply and punish them if they dont. The court in these cases would rather see the money paid rather than the non custodial parent behind bars.
If 'you' dont comply, why would the judge agree to make it easier for you to NOT comply. I doubt that there would be any judge on the planet that would reduce the penalty for non compliance.
Just a guess
I am not an attorney so my guess should not sub for the advice of one...just dont think you should wander into court and not be aware of the possibilities.
2006-12-30 23:39:32 · answer #2 · answered by karen g 4 · 0⤊ 0⤋
Personally I think the whole child support is wrong, a punishment for having children and a good job, if your marriage happened to go aground.
What is the difference with concurrent and and consecutive? It's the same amount of money spread over different amounts of time.
And he does not have to pay anything for a child which is not his. I'm not sure there is anything you can do... It seems like it wasn't a good marriage anyway, and now the mother feels like she has a "right" to her ex-husbands money even after the divorce.
2006-12-30 23:12:52 · answer #3 · answered by dane 4 · 1⤊ 0⤋
He can appeal the courts decision, he can continue to request a DNA test for the child he doesn't believe to be his. Although, as far as the other children that are his for sure, he could have just paid his support in the first place and could have avoided all this.
2006-12-31 10:23:18 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Honestly, why would you care? The longer he is in Prison, the longer YOU DONT GET CHILD SUPPORT!!! DUH
Let them run concurrently, get it over with, and then he can get a job and start paying. Keeping him in court, and prison just means it is longer before you get the money.
2006-12-30 23:48:30 · answer #5 · answered by tequilagold_32 2 · 0⤊ 0⤋